This chapter shall be known and may be cited as the "Municipal
Waste Collection and Recycling Ordinance."
The following terms shall have the following meanings in this
chapter:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 656, No. 101, 53 P.S. § 4000.101
et seq.
BULK TRASH
Any discarded items that are of a size such that they cannot
be placed in a standard-size municipal waste container, including
but not limited to mattresses, box springs, sofas, chairs, TVs, rugs
or carpet (must be cut into three-foot lengths, rolled up and tied
or taped), stoves, ovens, washers, dryers, large microwave ovens,
air conditioners, humidifiers, refrigerators and freezers (with Freon
removed), and dehumidifiers. Bulk waste shall not include construction
debris, hazardous materials, computers, automotive parts, batteries,
tires or leaf waste.
COLLECTOR
Any person collecting or transporting municipal waste or
recyclable materials for the owners or occupants of property in the
Township, and any business or institution within the Township which
generates municipal waste or recyclable materials and uses its own
employees and equipment for the collection or transportation of the
waste or recyclable materials.
CONSTRUCTION DEBRIS
Customary, nonhazardous waste building materials resulting
from construction, remodeling, repair or demolition operations. Includes
shingles, drywall, wood, masonry, concrete, flooring, fencing, metal
sheds, insulation, etc.
CORRUGATED CARDBOARD
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
HAZARDOUS WASTE
Any waste which consists in any part of a chemical, compound,
mixture, substance or article designated by a federal agency, including
the United States Environmental Protection Agency, or commonwealth,
county or Township agency to be hazardous, toxic or dangerous, as
those terms are defined by or pursuant to federal, state, county or
local law.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings, dirt or rocks.
(Note: DEP will not accept grass clippings with leaf waste.)
MIXED PAPER
Paper products to include junk mail, telephone books, catalogs,
white or colored paper, newspaper, magazines, flattened boxes (cereal
boxes or any box which does not come in direct contact with food),
noncorrugated cardboard (cannot contain ripples between the cardboard
layers), and envelopes (which include window envelopes).
MULTIFAMILY RESIDENTIAL COMPLEX
A townhouse or apartment complex containing four or more units or a planned residential development, as those terms are defined in Chapter
240, Zoning, as amended.
[Amended 2-22-2011 by Ord. No. 129-A-11]
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or gaseous
material resulting from the operation of residential, municipal, commercial
or institutional establishments and from community activities, and
any sludge not meeting the definition of residential or hazardous
waste in Act 97 from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include recyclable materials,
construction debris or hazardous waste.
MUNICIPAL WASTE CONTRACTOR
The contractor of the Township pursuant to Section 304(c)
of Act 101, as amended, to carry out its duties for recycling, transportation,
collection and storage of municipal waste and source-separated recyclables
in a manner that is consistent with Act 97, as amended, and Act 101,
as amended, and the regulations promulgated pursuant thereto. Any
such contractor shall be jointly and severally responsible with the
Township when carrying out its duties for transportation, collection
or storage activity.
PERSON
Any natural person, firm, corporation, partnership, association
or institution.
RECYCLABLE MATERIALS
Those materials specified by the Township for collection
in accordance with this chapter. Such material may include, but shall
not be limited to, steel (tin), bimetal and aluminum cans; clean green,
brown and clear glass containers; plastic containers (Numbers 1 thru
7, excluding Styrofoam); corrugated cardboard; high-grade office paper;
and mixed paper. The list of acceptable recyclable materials may be
changed from time to time by the Township.
RESIDENT
A person, who owns, leases or otherwise occupies a property
located in East Goshen Township used as a residence.
TOWNSHIP
East Goshen Township, Chester County, Pennsylvania.
During the spring and fall, on specific days as determined by
the Township, all leaf waste shall be separated from other municipal
waste generated within East Goshen Township. Leaf waste shall be placed
at the curb for collection in one or more biodegradable paper bags
that will be taken with the leaves; or in a trash can or similar container
that will be emptied by the municipal waste contractor. Leaf waste
placed in plastic bags shall not be collected by the municipal waste
hauler as part of the leaf waste collection program.
[Amended 2-22-2011 by Ord. No. 129-A-11; 4-22-2014 by Ord. No.
129-A-2014]
A. Provision and availability of regular collection.
(1) The residences of the Township are hereby divided into fair and reasonable
types for the purpose of municipal waste and recyclable materials
collection.
(2) The Township Manager, in his sole discretion, shall determine the
classification of all properties in the Township.
(3) Refuse fees for the provision and availability of regular collection
of municipal waste and recyclable materials, whether or not the same
is utilized or needed by the owner of the residence or tenants shall
be established from time to time by resolution of the Board of Supervisors.
B. Refuse fees shall be paid quarterly by the title owner of the real
property to which such fees have been imposed, and shall be mailed
by the Township to that address, unless and until a different address
is specified, in writing, by the owner of such property, delivered
to the Township by certified first-class United States mail, return
receipt requested. Failure of the property owner to receive a bill
as a result of an outdated or incorrect address, failure by a tenant
to forward the bill to the owner or any other reason shall not excuse
the timely payment of refuse fees or extend the time for payment thereof.
It shall be incumbent upon all property owners to provide the Township
with the correct billing address or any changes thereto. Quarterly
billings for refuse fees shall be made by bills dated on the 15th
day of January, April, July and October of each year (known as the
"due date") for the quarterly calendar period immediately succeeding
the date of the bill. The bills for refuse fees for the first quarter
during which a property is provided refuse service will be prorated
on the basis of the quarterly rate. All bills shall be due and payable
on their respective due dates.
C. Assistance law discounts.
(1) Any property owner who is responsible for the payment of the aforementioned
refuse fee and who meets the requirements of one of the following
federal and commonwealth public assistance laws shall be eligible
for a deduction of 5% from the face amount of the refuse fee:
(a)
The Senior Citizens Property Tax or Rent Rebate Act, 72 P.S.
§ 4751-1 et seq.;
(b)
The Pharmaceutical Assistance Contract for the Elderly Act (PACE),
62 P.S. § 2901 et seq.;
(c)
The Federal Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011
through 2030;
(d)
The Women's, Infants' and Children's Nutrition
Improvement Act, 62 P.S. § 2951 et seq.;
(e)
Aid to Families with Dependent Children, 42 U.S.C. § 601
et seq.; and
(f)
The Public Assistance Law, 62 P.S. § 401 et seq.
(2) A discount shall not be taken nor applied to any account as to which
there is an outstanding balance.
[Amended 4-22-2014 by Ord. No. 129-A-2014]
A. All refuse bills shall be payable on the due date. When the 45th
day from the due date falls on either a weekend or a holiday on which
the Township building is closed, payments that are received before
the close of business on the next business day immediately following
the 45th day shall be deemed to have been paid on time and no penalty
shall be applied. If the refuse bill is not paid within 45 days of
the due date, a penalty of 5% shall be added to the total amount of
the bill. In addition, interest shall be applied to arrears at the
rate of 5/6 of 1% per month, or fraction thereof, 45 days after the
due date and every month thereafter.
[Amended 11-15-2016 by Ord. No. 129-E-2016]
B. The process for the collection of delinquent refuse bills shall be
as set forth from time to time by resolution of the Board of Supervisors.
C. All refuse fees not paid within six months following the month in
which bills were mailed shall be deemed to be delinquent. In addition,
any costs and/or attorney's fees incurred by East Goshen Township
for the collection of delinquent refuse fees shall be added to the
unpaid refuse fees along with penalties and interest as set forth
above, and the aggregate of the same shall be entered as a lien on
the property served. The costs of filing and removing the liens shall
be established by the Board of Supervisors by resolution.
D. All persons provided refuse service by the Township shall provide
the Township their correct address. Failure to receive bills will
not be considered an excuse for nonpayment nor permit an extension
of the period during which bills are payable at face.
The terms and provisions of this chapter are to be liberally
construed, so as to best achieve and effectuate the goals and purposes
hereof. This chapter shall be construed in pari materia with Act 97
and Act 101, as amended, and the rules and regulations adopted thereunder.